1. (a) Upon satisfactory evidence that the examinee has violated test administration rules or procedures, the State Board for Educator Certification may cancel the examinee's test scores or registration and bar the person from being admitted to a future test administration. The Texas Education Agency (TEA) staff shall mail notice of this action to the examinee, and the examinee shall be given the opportunity to show compliance with test administration rules or procedures.
2. (b) The examinee may appeal the administrative cancellation of test scores by requesting a hearing before the State Office of Administrative Hearings (SOAH). The appeal of an administrative cancellation shall be in the form of a petition that complies in content and form with §249.26 of this title (relating to Petition) and 1 Texas Administrative Code, Part 7, §155.29 (relating to Pleadings) and shall be filed with the TEA staff. No appeal of an administrative cancellation shall receive a contested case hearing on the merits unless the petition is received by the TEA staff within 30 calendar days after the person received written notice of the TEA staff's action. It is a rebuttable presumption that the notice was received no later than five calendar days after mailing. The TEA staff may dismiss an appeal not timely filed.
3. (c) The TEA staff shall send an answer to the petition to the examinee and shall refer the petition and answer to the SOAH for a contested case hearing.

Source Note:The provisions of this §249.11 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112.